Mountain View School District appeals from the board's*fn1 award of compensation benefits to token claimant Robert Jurbala and sixty-eight other members of the Mountain View Education Association (union); the board affirmed the referee's determination that the claimants' unemployment was the result of a lock-out.*fn2

The two-year labor contract between the district and the union expired on June 30, 1978. The district board had not approved a calendar or opening day for the 1978-79 school year, although the teachers' in-service day marking the commencement of school had been the Monday before Labor Day in the two previous years.

Negotiations continued, unsuccessfully, until August 25, when the union president sent mailgrams to the board of education president, the district's chief negotiator, and the school superintendent, which stated:

Please be advised that the professional employees are ready and willing to report for work on August 28, 1978, at 9:00 A.M., the traditional day for the first day for teachers, and

[ 59 Pa. Commw. Page 513]

continue work on day to day basis under the terms and conditions of the 1976-78 professional employees ...

Our website includes the first part of the main text of the court's opinion.
To read the entire case, you must purchase the decision for download. With purchase,
you also receive any available docket numbers, case citations or footnotes, dissents
and concurrences that accompany the decision.
Docket numbers and/or citations allow you to research a case further or to use a case in a
legal proceeding. Footnotes (if any) include details of the court's decision. If the document contains a simple affirmation or denial without discussion,
there may not be additional text.

Buy This Entire Record For
$7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.